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iceman1987

Petitioning parents already in the US

By iceman1987 in Adjustment of Status from Work, Student, & Tourist Visas

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iceman1987 Apprentice

iceman1987   4

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Hi! Thanks in advance! I just submitted I-130 online for both my parents and I received the receipt notice. I also mailed their I-485 3 weeks ago since they are already here in thr US legally as tourists. However, we haven’t received receipt notice for the I-485 and their stay will expire in 2 weeks. Any suggestions on what to do? We’re worried that since we haven’t received receipt notice for I-485, they will overstay and be here illegally. 

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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I seriously doubt ICE will be coming looking for them if that is what you are thinking.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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NoA will be the evidence that they can stay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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iceman1987 Apprentice

iceman1987   4

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Filed: Timeline
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5 minutes ago, Boiler said:

NoA will be the evidence that they can stay.

Thanks! Will the receipt notice on I-130 be enough proof that they can stay legally in the US? Or it has to be from I-485? And how long does it usually take to receive receipt notice for I-485? Thanks!

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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I 485 is what matters

 

Recept time lines seem to be all over the place.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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The receipt notice will have the receipt date of when they actually received the i485 not when they mail the notice. So no need to worry about the illegal stay.

 

Till they have the receipt notice in hand, just have them stay away from activities/events involving cops or ice even if unknowingly.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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15 minutes ago, iceman1987 said:

It’s not that. I just want to know if are they technically legal to stay here while we’re waiting for the receipt notice for I-485? 

They are.  Hopefully you sent the I-485 with tracking and they are carrying the tracking number with them.  

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iceman1987 Apprentice

iceman1987   4

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17 minutes ago, Boiler said:

I 485 is what matters

 

Recept time lines seem to be all over the place.

Thank you! I just read on their website that it takes 4-6weeks for the receipt notice to be mailed due to pandemic so I guess, we just have to wait. Thank you!

13 minutes ago, arken said:

The receipt notice will have the receipt date of when they actually received the i485 not when they mail the notice. So no need to worry about the illegal stay.

 

Till they have the receipt notice in hand, just have them stay away from activities/events involving cops or ice even if unknowingly.

Got you! Thank you so much! 

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
3 hours ago, iceman1987 said:

Thanks! Will the receipt notice on I-130 be enough proof that they can stay legally in the US? Or it has to be from I-485? And how long does it usually take to receive receipt notice for I-485? Thanks!

No.  The I-130 has ZERO immigration or status benefits.  I am curious as to why you sent the I-485s weeks before submitting the I-130s.  Without an approved I-130, there are no grounds or basis for the I-485.  At a minimum, you should have filed the I30s or receipts for the I-130s along with the I-485s. However, the receipt for the I-485 will grant them authorized stay until approval or denial....once a proper I-485 is accepted.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)
10 minutes ago, Crazy Cat said:

No.  The I-130 has ZERO immigration benefits.  I am curious as to why you sent the I-485s before submitting the I-130s.  Without an approved I-130, there are no grounds for the I-485.   However, the receipt for the I-485 will grant them authorized stay until approval or denial.  

Oh yeah, missed that part.

 

2 hours ago, iceman1987 said:

I just submitted I-130 online for both my parents and I received the receipt notice. I also mailed their I-485 3 weeks ago

 

Expect to get back the entire i485 package with a rejection letter. It may take 1-2 months just to get it rejected. A rejection means no filing, no active receipt date. You will need to file it again, don't forget to include the i130 receipt notice.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
14 minutes ago, arken said:

Oh yeah, missed that part.

 

 

Expect to get back the entire i485 package with a rejection letter. It may take 1-2 months just to get it rejected. A rejection means no filing, no active receipt date. You will need to file it again, don't forget to include the i130 receipt notice.

Yep.  They could reject the I-485s.....or even immediately deny them if they can't connect them to I-130s.  Timing will be extremely critical in this particular case.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

@iceman1987, if the I-485s are either rejected or denied, your parents will not be granted authorized stay until proper I-485s are resubmitted and accepted.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ontarkie Grand Master

Ontarkie   14,221

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Filed: Citizen (apr) Country: Canada
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~~Moved to AOS from Work, Student and Tourist Visas, from Bringing Family of USC - as this is an AOS Topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
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Roc X5
Filed 10-17-10
Cards Received02-22-11
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Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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